임가공비 청구의 소
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2...
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The plaintiff is engaged in the processing of clothes under the trade name of "D", and the actual operator of D is E.
B. Defendant B (hereinafter “Defendant Company”) requested the Plaintiff to process the total amount ordered from the Defendant Company’s name (hereinafter “FO”) and the Defendant Company’s identity (hereinafter “SOB”).
C. The Defendant Company paid to the Plaintiff KRW 155,155,900 in total from August 2, 2016 to November 16, 2016, for the cost of processing goods related to the place of punishment and identity.
[Reasons for Recognition] Class B 5-1 and 2-2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s permanent processing costs related to the Plaintiff’s land amounting to KRW 25,548,60 and KRW 169,605,80.
The unpaid processing costs of KRW 39,998,50 shall be claimed.
The Defendants used the Plaintiff’s office from June 4, 2016 to November 15, 2016.
The Defendants agree to pay the user fee in the amount of KRW 500,000 per month, and seek a payment of the user fee of KRW 2.5 million for five months.
B. The Plaintiff left the delivery date for up to two months, and embezzled the Defendant’s cot 120 Chapter 120.
The plaintiff's letter of undertaking (Evidence No. 15) sought payment of KRW 31,959,171 in total.
3. Determination
A. The plaintiff asserts that the judgment on the main claim against the defendant C is the transaction party since the defendant C requested to do so under his own name.
However, there is no evidence to prove the fact that the defendant C is jointly and severally liable for the debt of the defendant C, such as the joint and several guarantee of the defendant C's obligation.
Considering that both specifications of each transaction or tax invoices are the name of the defendant company, and that the defendant C is the representative of the defendant company, the contracting party is the defendant company. The claim against the defendant C is without merit, without any need to examine further claims. (b) Determination on the claim against the defendant company as to the main claim against the defendant company is 1, 1, and 4.